Jugesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46668 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- KURTHA District- Jehanabad ====================================================== JUGESH MANJHI S/o CHHOTU MANJHI R/o VILLAGE-PAINATHI, P.SKURTHA, DISTRICT-ARWAL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2022 Heard the learned counsel for the petitioner and Sri Arun Kr. Pandey, the learned APP for the State. The petitioner seeks regular bail in connection with Kurtha PS case no. 111 of 2020 instituted for the offences punishable under Sections 302 and other allied sections of Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having arrived at the house of the informant, whereafter they had demolished a portion of the house of the informant and had also assaulted the family members of the informant. Thereafter, the deceased namely Kumhar Kumar had managed to escape but he was subsequently surrounded by the accused persons and assaulted badly, resulting in his subsequent death.

Patna High Court CR. MISC. No.46668 of 2021(2) dt.02-03-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 16.02.2021. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the petitioner and there is no allegation of any sort of specific overt act having been engaged in by the petitioner. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court vide order dated 02.08.2021 passed in Cr. Misc. no. 8339 of 2021, order dated 18.11.2021 passed in Cr. Misc. no. 14372 of 2021, order dated 06.01.2022 passed in Cr. Misc. no. 36363 of 2021 and order dated 11.01.2022, passed in Cr. Misc. no. 26754 of 2021. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons who have already been granted bail by co-ordinate Benches of this Court, I deem it fit

Patna High Court CR. MISC. No.46668 of 2021(2) dt.02-03-2022 3/3 and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge VII, Jehanabad in connection with Kurtha PS case no. 111 of 2020. (Mohit Kumar Shah, J) rinkee/- U T